Betsy Flanagan is a Principal in the Twin Cities office of Fish & Richardson. Her practice focuses on complex patent litigation, with an emphasis on life sciences, biotechnology and pharmaceutical litigation, including Hatch-Waxman litigation. Betsy has worked on a variety of technologies, including, for example, pharmaceutical formulations, glaucoma drugs, hair growth agents, dermal fillers, nucleosides, antibodies, biologics, and sleep apnea devices. She has experience in all phases of litigation, including pre-filing due diligence, document collection and production, managing fact and expert discovery strategy, depositions, discovery hearings, claim construction hearings, and settlement. Betsy regularly leads briefing for claim construction, summary judgment and other dispositive motions, and post-trial issues, including JMOL. Betsy’s trial experience includes both bench and jury trials. In addition to district court litigation, Betsy has also worked on a number of Federal Circuit appeals, has practiced before the International Trade Commission, and has experience in post-grant proceedings, including inter partes review.
In 2018, Betsy was named one of the “Top 250 Women in Litigation” by Benchmark Litigation, an “Up & Coming Attorney” by Minnesota Lawyer, and a “Women Worth Watching” award winner by Profiles in Diversity Journal. She has also been named a Rising Star in Intellectual Property Litigation by Super Lawyers and “Life Science Star” by LMG Life Sciences multiple times.
Before joining Fish, Betsy was a Staff Chemist for Merck & Co., Inc. working on vaccine research, and was a Law Clerk at Fair Isaac Corporation.
University of Minnesota Law School 2008 J.D. magna cum laude
Cornell University 2003 Chemistry, B.A. with distinction in all subjects
U.S. Court of Appeals for the Federal Circuit
U.S. District Court for the District of Delaware
U.S. District Court for the District of Minnesota
Memberships & Affiliations
One of eight litigation attorneys selected to participate in the 2013 Federal Trial Practice Seminar, an intensive litigation seminar culminating in a mock trial that is administered by the United States District Court for the District of Delaware.
Lead Managing Editor, Minnesota Law Review
Named to “Best Lawyers” by Best Lawyers in America in 2020.
Named to “Top 250 Women in Litigation” list by Benchmark Litigation in 2018.
Named “Up & Coming Attorney” by Minnesota Lawyer in 2018.
Named one of the 2018 “Women Worth Watching” by Profiles in Diversity Journal.
Selected by her peers as a Super Lawyers Rising Star in 2013, 2017, and 2018.
Named a “Life Science Star” by LMG Life Sciences (2017-2018).
2007-2008 Student Category Winner, Ladas Memorial Award, International Trademark Association
“Orange Book Listing Opportunities for Drug-Device Combinations,” BNA Pharmaceutical Law & Industry Report (December 2011).
“No Free Parking: Obtaining Relief from Trademark-Infringing Domain Name Parking,” MINN. L. REV., 92, 498 (2007).
“Sustained High-Titer Antibody Responses Induced by Conjugating a Malarial Vaccine Candidate to Outer-Membrane Protein Complex,” with Y. Wu, C. Przysiecki, et al., Proc. Natl. Acad. Sci. USA, 103, 18243–248 (2006).
“Equitable Defenses in Patent Cases,” Patents on Tap (September 15, 2016).
Gilead Sciences v. Merck & Co, Inc. et al. (N.D. Cal.): Trial and appellate counsel for Gilead in action over Gilead’s revolutionary Hepatitis C drugs, Harvoni and Sovaldi. Fish won a unanimous Federal Circuit opinion that affirmed its June 2016 post-trial wipe-out of a $200 million jury verdict. Read about this historic win here and here.
GSK v Teva; GSK v Glenmark (D. Del): Trial counsel for plaintiffs in patent litigation over heart-failure medication COREG®.
Athena Diagnostics, Inc. v. Mayo Collaborative Services (D. Mass.): Counsel for Mayo in patent case related to detection of autoimmune disorder in patients. Secured 12(b)(6) dismissal under § 101; appeal pending.
Coherus BioSciences, Inc. v. AbbVie Biotechnology Ltd., IPR 2016-00172 (P.T.A.B.): Team member representing Petitioner Coherus Biosciences in IPR proceedings related to patents covering AbbVie dosing regimens related to Humira. All claims invalidated in Final Written Decisions issued in May and June 2017; appeal pending.
iCeutica Inc. et al v Lupin, LTD., et al (D. Del): Counsel for Plaintiffs in Hatch-Waxman litigation over pain medication ZORVOLEX®. Case amicably settled one week before trial.
Cephalon Inc. et al v. Mylan Pharmaceuticals Inc. et al. (D. Del.): Trial counsel for plaintiffs in Hatch-Waxman litigation over pain medication FENTORA®. Injunction entered against generic entry.